CITY OF WICHITA v. CHAPMAN

No. 47,224

214 Kan. 575 (1974)

521 P.2d 589

CITY OF WICHITA, KANSAS, a municipal corporation, Appellant, v. H.L. CHAPMAN and MYRTLE M. CHAPMAN, Appellees.

Supreme Court of Kansas.

Opinion filed April 22, 1974.


Attorney(s) appearing for the Case

Phillip Mellor, of Wichita, argued the cause, and Jonh Dekker, city attorney, was with him on the brief for the appellant.

Frank McMaster, of McMaster & Smith, of Wichita, argued the cause, and Stanford Smith, of the same firm, was with him on the brief for the appellees.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in an eminent domain proceeding by the City of Wichita (plaintiff-appellant) wherein it acquired a right-of-way for federal highway purposes on land owned by H.L. and Myrtle M. Chapman (defendants-appellees).

The appellant asserts trial errors on appeal and challenges an allowance of attorneys' fees to the landowners' attorneys pursuant to K.S.A. 26-509 as part of the court...

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